[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54585-54587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27846]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA079-5020a; FRL-5909-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia--General Conformity Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision consists of
Virginia's regulation for General Conformity which sets forth policy,
criteria, and procedures for demonstrating and assuring conformity of
non-transportation related federal projects to all applicable
implementation plans. The intended effect of this action is to approve
Virginia's General Conformity Rule as a SIP revision.
DATES: This action is effective December 22, 1997 unless notice is
received on or before November 20, 1997 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M. Street, S.W., Washington, D.C. 20460; and the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office or via e-mail at quinto.rose@epamail.epa.gov.
While information may be requested via e-mail, comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION: On January 27, 1997, the Virginia Department
of Environmental Quality (DEQ) submitted a formal revision to its State
Implementation Plan (SIP) to EPA for the purpose of meeting the
[[Page 54586]]
requirements of 40 CFR 51.851, State Implementation Plans, found under
40 CFR 51, subpart W, Determining Conformity of General Actions to
State and Federal Implementation Plans. Part 51, subpart W is commonly
referred to as the federal General Conformity Rule. The DEQ submittal,
which is the subject of this approval action, is Regulation 9 VAC 5
Chapter 160--Regulation for General Conformity. The Commonwealth of
Virginia adopted a rule by the State Air Pollution Control Board on
August 13, 1996 in accordance with the requirements of Sec. 10.1-1308
of the Virginia Air Pollution Control Law and 40 CFR Part 51, with an
effective date of January 1, 1997. This action to approve Virginia's
General Conformity regulation as a SIP revision is being taken under
section 110 of the Clean Air Act (CAA).
Summary of SIP Revision
Virginia Regulation 9 VAC 5 Chapter 160, Regulation for General
Conformity, establishes standards and procedures to follow when
evaluating conformity of non-transportation related federal projects to
all applicable implementation plans developed pursuant to section 110
and part D of the CAA.
At 40 CFR part 51, subpart W, EPA promulgated the federal rule for
General Conformity to implement section 176(c) of the CAA. This rule
sets forth policy, criteria, and procedures for demonstrating and
assuring conformity of federal actions to all applicable implementation
plans developed pursuant to section 110 and part D of the CAA. The rule
generally applies to federal actions except:
(1) Those required under the transportation conformity rule (40 CFR
part 93, subpart A);
(2) Actions with associated emissions below specified de minimis
levels; and
(3) Certain other actions which are exempt or presumed to conform
to applicable air quality implementation plans.
At 40 CFR 51.851, State Implementation Plans, EPA promulgated the
requirements that must be adopted by the state and submitted as a SIP
revision to implement the General Conformity provisions. The provisions
adopted by the Commonwealth of Virginia for General Conformity are
those contained in and required by the federal rule. EPA has reviewed
Virginia Regulation 9 VAC 5 Chapter 160, Regulation for General
Conformity, and has determined that it satisfies the requirements of 40
CFR 51.851. A Technical Support Document (TSD) has been prepared which
details the EPA's evaluation of Virginia Regulation 9 VAC 5 Chapter
160. Interested parties may obtain a copy of the TSD by contacting the
EPA Regional Office listed in the ADDRESSES section of this document.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse and critical comments be filed. This action will be
effective December 22, 1997 unless, by November 20, 1997, adverse or
critical comments are received. If EPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on this action serving as a proposed rule. EPA will not institute
a second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on December 22, 1997.
Final Action
EPA is approving the final SIP revision of Virginia Regulation 9
VAC 5 Chapter 160, Regulation for General Conformity, submitted by the
Commonwealth of Virginia on January 27, 1997, effective January 1,
1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either state, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting
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Office prior to the publication of the rule of today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action to approve revisions to the Virginia SIP must be filed
in the United States Court of Appeals for the appropriate circuit by
December 22, 1997. Filing a petition for reconsideration by the
Administrator of this rule does not affect the finality of this rule
for the purposes of judicial review nor does it extend the time within
which a petition for judicial review may be filed, and shall not
postpone the effectiveness of such a rule or action. This action
pertaining to the Virginia General Conformity Rule may not be
challenged later in the proceedings to enforce its requirements. (See
section (b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: September 29, 1997.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(118) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(118) Revision to the Virginia State Implementation Plan on January
27, 1997 by the Virginia Department of Environmental Quality:
(i) Incorporation by reference.
(A) A letter of January 27, 1997 from the Virginia of Department
Environmental Quality transmitting the General Conformity Rule.
(B) Virginia Regulation 9 VAC 5 Chapter 160--Regulation for General
Conformity, effective January 1, 1997.
(ii) Additional Material from the Virginia's January 27, 1997
submittal pertaining to Regulation 9 VAC 5 Chapter 160.
[FR Doc. 97-27846 Filed 10-20-97; 8:45 am]
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